2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   9 AUGUST 2016




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                               9 AUGUST 2016

             Bicycle is a venue which deliberately wants to be a place where local residents mingle and interact
             in the evenings and where a sense of community is fostered. For example the venue supports local
             charities such the Salvation Army during the recent Red Shield Appeal in funding providing aimed at
             local youth.
         (c) Council has conceded that the proposed use can comply with noise level limitations until 12pm
             under noise limits set by Noosa Council which are stricter than those applied under both the State
             Liquor Act 1992 and Liquor Regulation 2002 and the State Environmental Protection (Noise) Policy
             2008 once a 2.6m high wall is constructed as required by Council in the above decision notice and
             in compliance with other conditions of approval.    It would therefore seem both logical and
             reasonable that if the proposed use is approved to operate on its busiest trading evenings until
             12pm four (4) nights a week, then it should not be an issue to operate on the remaining three (3)
             nights when local patronage is commonly lower.
         (d) Interestingly the feedback obtained by The Noosa Junction Association (who represents business
             owners and land owners in The Junction) is that The Junction can appear a somewhat inactive and
             uninviting place during these three week nights. The Association is therefore of the opinion that
             having The Village Bicycle open during these three (3) nights will assist The Junction be
             differentiated from the Noosa Civic and other more retail and commercial focused precincts.
         (e) The applicant however has experienced Council’s continued opposition to the use which commonly
             only operates in the late afternoons/evenings operating after 10pm between Tuesday and Thursday
             any week. As indicated above, the Village Bicycle is operates so as to provide a venue for local
             residents, particularly those working in the local hospitality industry. These part-time workers tend
             to be better placed to use this type of venue on Tuesday to Thursday nights during holiday periods
             when they are likely to be more actively employed because of increased patronage of other
             hospitality related venues during such periods.

     Requested Response: The applicant requests that Condition 3 be amended as follows:-
         3.  “The approved use must not operate outside the hours of 5am to 12pm”

         Alternatively that Condition 3 be amended as follows:-
         3.  “The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor dining
             area permitted after 10pm only on Friday to Monday nights of Tuesday to Thursday nights when a
             public holiday, school holiday (i.e. State school holiday for South-East Queensland) or show holiday
             (i.e. Noosa Council area).”

     Condition 4 - “Patrons in the outdoor dining area must be seated and limited to 50.”

     Representation to condition 4 —
     The original application identified areas within which outdoor dining was proposed to occur because, among
     other things, of the need to balance that area within the existing premises that will not be used for seating
     and the like as a result of this development proposal. Our subsequent submission to Council dated 5 May,
     2016 quoted that the applicant can provide up to 70 seats within that outdoor dining area as identified in the
     original development application. This submission also identified concern to Council’s requirement for all
     patrons to be seated and suggested that following condition —
            ‘Patrons in the outdoor dining area must be have a seat allocated on the premises and the number of
            seats in the extemal dining area is 70.‘
     In the above decision notice Council decided to impose the above condition 4.   The applicant remains
     concerned that confusion could result from that condition as currently worded. The applicant would prefer
     that each patron has an allocated seat given that such a condition may further complicate any claims of

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